This is where you may post your thoughts and ideas regarding Sections 3 and 15-16 of Article XIII of the Freedom Constitution.
As a guide, think of Human Resources or Labor Relations applications of the constitutional provisions. And don't forget to frame your posts as I have instructed previously in class.
Posts will be given recitation marks as follows (the marks will be included in the computation of your average recitation grade):
Low quality answers will get no points (presence of grammatical errors, unsupported statements.
80-86 for average posts (common suggestions, ideas have no cohesion).
88-94 good posts (well thought of, coherent ideas, uses class references w/ appropriate citation)
96-100 excellent posts (well thought of, coherent, insightful ideas, used additional research w appropriate citation)
Concerning Article XIII, Section 3, LABOR is appoint, overall rights of employees and workers is at hand. They are given the security of tenure, which means that they cannot be dismissed from service for certain causes other than if they oppose the law, but if so happens, the employee must be granted due process. In Article 3, The Bill of Rights, Section 1, it is located there that a person can’t be denied of due process of law, nor shall any person be denied the equal protection of the laws, which means that the more should the workers and employees be given the rights which they should have, because, more or less, they are a commodity of the state. The state grants the workers and employees the right to speak out peacefully in certain circumstances but with accordance with the law. In Section 4 of Article 3, no law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of people peaceably to assemble and petition the government for redress of grievances. Employees and workers possess the right to express themselves freely and not be suppressed, to fight for their rights and question the chauvinism of what they presume to be unjust.
ReplyDelete(Jeaneane Deirdre J. Gil)
Regarding the security of tenure,it is true that a person cannot be dismissed from service for certain causes other than if they oppose the law,but this right given to employees may be abused in some ways. one example is when an employee is no longer competent in his job in a company but because of the security of tenure,the company cannot fire him right away. according to the employment cycle,de-motivated and incompetent employees causes attrition in a company,thus, affecting the whole performance of the business. it is reasonable to give every worker the right of security of tenure, but along this benefit given to them is the responsibility and the quality of performance that they should give the company in return.
Delete(kirei anne lasam)
This comment has been removed by the author.
ReplyDeleteInsight on Article 13's Section 3,15, and 16:
ReplyDeleteSection 3
Section 3 states that “the government shall give protection to workers, either local or abroad.” – The Philippines’ government has a department that specializes on labor, and that is the Department of Labor and Employment pr DOLE.
-- This section tells us that the government must do the ff.:
a. to protect and have equality among workers
- Organized – it means that government and big organizations or corporations
- Unorganized – it means small entities results to employing workers.
b. to treat employees with equality (in salary or in compensation)
1. That workers are given the right to organize themselves to reach the heads and managers of the organization and in order (like to voice out their problems or resentments) to bring to their attention the problem of the workers in a peaceful manner.
2. These workers are entitled to security of tenure—government – civil service – that once an employee gets permanent in his position or item, and nobody can just remove him without due process of law (according to Section 1 of the Bill of Rights).
c. that in policy, making the workers are represented by their elected representatives – in congress, not everyone belong to political parties (e.g. Liberal and Nationalista). We also have the party list (e.g. Gabriela, Bayan Muna, and YACAP etc.) cater to the needs of ordinary people.
With this, it shows that there is shared responsibility in resolving troubles or disputes between the management and the workers. Example is the Philippine Air Lines (PAL) plea beginning agreement
d. that every worker is given the right to share in production and of course, returns of investments, that a hard worker gets promoted and in order to give more incentives.
Ex. Car to own – one-half will be paid by the employee and the other half will be paid by the employer
-- For employment, the state should:
1. There should give equal opportunities for all (no gender or ability discrimination)
2. To protect and eliminate ill practices (like favoritisms)
3. Employment gives self-dignity
4. Every individual should have a gainful employment
-- In addition, workers should have the right to the ff.:
a. self-organization
b. collective bargaining – choosing his employer through his representative.
c. collective negotiation – to arrive at a certain agreement
d. strike – peaceful assembly
e. security of tenure
f. Just and humane working conditions – having their privacy and decent place to stay
g. receive compensation proportionate to ones job – minimum wage law
h. participate in policy and decision making – elect their representatives to the manager’s conference
* The rights should be reconciled after a conference for conflicts
Section 15
People’s organizations as part of democratic practices are given allowed in order that their interest and aspirations are attended to thru peaceful and lawful means these organizations identity leadership and structure.
Section 16
These organizations reach all levels of social, political, and economic decision-making – and ends up as a consultative in nature.
First, the people power (EDSA) – it is a direct exercise of power of the people’s participation and this result to the change of government of the country.
Second, it leads for a government to be responsible and attention to the people’s needs.
(Madge Eileen S. Cometa)
With thoughts on Section three of Article thirteen, the State has the responsibility of protecting and maintaining the workforce’s, the employees’ rights. It shall guarantee the rights of all workers, in accordance with law. It also states that employees are given the Security of Tenure, which according to laborlaw.usc-law.org, which gives them the ability to not be dismissed from the service for causes other than those provided by law and only after due process, is bestowed the employee. With accordance to this, due process, cited at law.onecle.com, comports or corresponds with the notions of what is fair and right and just, meaning that if for example, an employee does not reflect what is expected of him, the employment has the ability to give proper course of action, by giving him a consequence which is fair and acceptable. In a nutshell, even though employees are given the Security of Tenure, they should also keep in mind the right to due process. They may have a ability to misuse the tenure but they must also give what they are supposed to do, be a capable employee of the workforce.
ReplyDeleteI agree with Article XIII Section 3 when it stated that, the State shall promote the principle of shared responsibility between workers and employers. Promoting this principle would instill more equity among co-workers and decrease the chances of there being negative thoughts while working. Negativity and inequality will only delay the progress of work being done, making the industry suffer because of their disputes. Having reasonable returns in investments would also drastically increase the chances of people doing their best to improve our country, socially and economically. People will feel the comfort and equality being provided by the State and therefore have the inspiration and drive to keep working.
ReplyDelete(Arcega,Onofre)
Sec. 3, Article XIII
ReplyDeleteAs the state recognizes the significant contribution of Filipino migrant workers to the national economy through their foreign exchange remittances, the State has the responsibility to assist and protect the rights of overseas employment workers as a means to sustain economic growth and achieve national development. The existence of the overseas employment program rest solely on the assurance that the dignity and fundamental human rights and freedom of the Filipino citizen shall not, at any time, be compromised or violated. The State, therefore, shall continuously create local employment opportunities and promote the equitable distribution of wealth and the benefits of development.
Sec. 15, Article XIII
The state shall respect People's organizations which are bona fide associations of citizens with demonstrated capacity to promote the public interest and with identifiable leadership, membership, and structure.
Sec. 16, Article XIII
People and organizations shall continously enjoy their rights to participate at all levels of social, political, and economic decision making as these are protected by the laws of the state.
(Kieron Klein M. Goli
On the subject of security of tenure, it is a states responsibility to secure the employees of the different companies within the state. Which means they have to protect them from abuses of the companies that employ them. They would be easily bullied if the security of tenure is not around because they could lose their jobs for no valid reason which is illogical and unfair. If the employee is not performing well he would not be fired right away but he would be given several chances until he has proven that he really shows no signs of improvement. The down side of this is that most employees would also abuse their rights thus for the security of tenure to be effective both the employees and the companies should help each other out and be more responsible.
ReplyDeleteThe promotion of the shared responsibility between workers and employers, as stated in the Section 3 of Article XIII of the 1987 Philippine Constitution, is important to ensure that both parties are granted equal rights and obligations. However, it is important to determine first if an employee-employer relationship is valid to avail of such rights. Indicated in the Labor Code of the Philippines is a Four Fold Test, which includes the selection and engagement of the employer, the payment of wages, power of dismissal of the employer, and the employer’s power to control the employee with respect to the means and methods by which the work is accomplished or the control test as a basis for a valid employee-employer relationship. If one of these elements is not present, such that of a patron-client relationship, an employee-employer relationship is not established and the rights of an employer cannot be availed.
ReplyDeleteThe security of tenure of employees, as also promoted in the Section 3 of Article XIII of the 1987 Philippine Constitution, is also important and must be observed by the employers at all times. An employee cannot be terminated by the employer without just cause and the termination of an employee must undergo a due process as supported by the Bill of Rights. Security of tenure, as stated in the Labor Code, is not exclusive for regular employees or those whose work is essential to the business of the employer and/or has rendered more than 1 year of service, but also for casual, contractual, seasonal, and probationary employees, provided that they are currently working for the employer and/or they are bounded by a contract.
(Rendon. Marie Fleurdeliz)
Ma. Eunice Gieanne G. Fortea
ReplyDelete*Sec. 3, Article XIII talks about Labor.
Labor used to refer to the workers of a country or industry who works very hard by using their physical appearance or physical work. It's state shall be afford the full protection to labor,local,overseas,organized and unorganized. It promote full employment and equality to have opportunities for all.
Sec. 3 state shall promote the principle of shared responsibilities between workers and employees.
Labor and employees shall have different rights to be guarantee which are the:
a.Rights of Self- Organization: it allows the right of trade unions to form a group of societies or organizations which joined together at a common interest. It also right of the latter to join international trade unions and organizations.
b.Rights to Collective Bargaining: It defined as bargaining by organization of workers through representatives of their own choosing the employers. It performs the mutual obligation of the employer and the representatives of the employees to met,negotiate and confer in good faith.
3.Right to collective Negotiation: It is consistent with the provision recognizing the right of workers to participate in policy and decision-making which affects their rights and benefits and share of responsibility.
4.Right to peaceful and concerted activities including the right to strike.
5.Right to security of tenure: statement afford protection to workers dismissed without cause. It is also afford a measure of protection to employees.
6.Right to just and humane conditions of work: workers should have a right to be protected against unfair labor practices.
7.Right to a living wage: has a right to receive fair and just comprehension for his work.
8.Right to participate in policy and decision-making processes.
*Sec.15 and 16 under Article XIII talks about the role and rights of people's organization.
Section 15 state that it should be respect the role of independedant people's organization to give opportunities to the people to follow and protect within the democratic framework and to legitimate,collective,interests and aspirations.
Section 16 talks about the right of the people and their organizations to become effective and reasonable participation at all levels of social,political and economic decision.
Article XIII Section 3 gives the freedom and equality to workers this law also protects the dignity and the rights of workers no matter what status they have in the society. However most workers in the Philippines never knew about this due to ignorance and fear.
ReplyDeleteArticle XIII Sections 15-16 give people's organizations the freedom to express their pleads as a whole and the government to respect them. this law also gives them the right to participate in Political and Social matters equally as the rest of the society
(Vincent Romero)
The third section of article 13 of the constitution states the rights, responsibilities, privileges and duties not only of the employee but also of the employers. Viewing this article in a single vantage point can mislead and cause abuse in either parties. Laborers have certain rights such as acquiring security of tenure that should be upheld by the company he/she is currently working in. This section basically upholds fairness between the employed and the employers (in all work-related aspects such as deals, company policies, salary, negotiation, disputes, etc...) either within and outside the country. And we, as future HR practitioners should be guided, accordingly with this section of the article to promote a harmonious relationship between the company we are soon to work in and the employees that we are soon to handle.
ReplyDeleteThe rights of the citizens to form and organize groups bounded by the same interest and concerns are clearly stated in section 15 & 16 of Article 13. It also encompasses their right of expressing their stand on ongoing legislative processes in order to satisfy the need of the said social group.
Basically, the Philippines’ leading economic industry is our labor force and by reason of which, it is stated in Section 3 of Article XIII of the 1987 Philippine Constitution that the State is under obligation to give more concern to the protection of the rights of workers and the promotion of their welfare. Every person who is employed, may it be regular or probationary should be entitled of their labor rights, which grants them the right to self-organization, to collective bargaining, collective negotiation, security of tenure, just and humane conditions of work, living wage and the right to participate in policy and decision-making processes.
ReplyDeleteThe mentioned rights will be most essential to the Overseas Filipino Workers (OFWs), who according to the Commission on Population (PopCom), compromises approximately 20 percent of our population. Based on the National Statistics Office, OFWs contribute billion pesos yearly remittances which made them the key factor to our labor force, but they are also the most susceptible people in terms of abuse and injustice because they are located in places with different culture and laws, and many of them are illegal workers.
On the other hand, in the articles 15-16, the important role of people’s organizations to enable the people to pursue and protect, within the democratic framework, their legitimate and collective interests and aspirations through peaceful and lawful means are recognized; And as a democratic state, there are certain obligations that the Constitution mandates in order to promote the rights of the people who holds the sovereignty within the state, which is: to respect the role of independent’s people organizations, not to abridge the right to effective and reasonable participation at all levels of social, political and economic decision-making and to facilitate the establishment of adequate consultation mechanisms between the people and the government.
Avellanosa, Ma. Alyanna, 1BES2
ReplyDeleteRegarding Article XIII, Section 3, there is such a law to protect the welfare of the workers and to limit the power of the State and the employer. If there is no such right, there is a possibility that the workers will be abused concerning the terms and conditions of their employment. In Section 15-16, the right of people to organize is being protected for to the attainment of social justice through industrial peace. Applying Labor Relations, the right of workers to organize is seen through joining unions and other forms of workers' association. The main objective of this labor unions is to present to the employer the employees' needs and interests. Hence, these organizations serve as the bridge for employer and employee relationship.
Section 3 of Article XIII basically states that all workers have rights to. They are entitled to security of tenure, humane conditions of work and a living wage. However, it is also stated that: "The State shall promote the principle of shared responsibility between workers and employers." Even though they have equal rights, they have to maintain a worker-employer relationship in order for the company to prosper. In case this relationship isn't recognized, conflicts would arise in the company. Regarding Section 15, because we live in a democratic country, the people's opinion or insights is important. We can voice out our thoughts just as long as we go by the law and do it in a more peaceful way. In Section 16, on the other hand, the people and other organizations have the right to participate in different levels of social, political, and economic-decision making and they should not be cut-short. Meaning. no one can stop them from participating. We should remember though, to always go by the law. Citizens should be aware of what is happening around them in order for us and the country to develop. Involvement is very important especially for the youth because they would become the future leaders of our country.
ReplyDeleteKasan, Aishawara
According to Article XIII Section 3, an employed man who puts effort is entitled to be protected. The worker cannot be deprived of his work without the dictate of justice or without the reasonable methods of procedure prescribed by law. As stated in Article 3 Section 1, no person shall be denied the equal protection of laws. Every man has a natural right.
ReplyDeletea.) Right to self organization in which everyone who works has the right to form trade for the protection of his economic and social interest. According to Article III Section 8, it is the right of employee including those employed in the public and private sectors to form unions and associations for purposes not contrary to law.
b.) Right to a living wage, As stated in Article IX Section 5, the Congress shall provide for the standardization of compensation of government officials and employees including those in Public and Private sectors. He is entitled to equal payment for work of equal value. His wage must be sufficient to enable him to live in a reasonable life.
c.) Right to peaceful and concerted activities including the right to strike in which this right take a group to dramatize a demand of workers or their stand for or against an issue affecting them.
d.) Right to just and humane conditions of work, every worker has a right to be protected against unfair labor practices. This right insures equal opportunity to promotion and reasonable limitations of working hours.
Yannah Marielle V. Reyes